State's Attorney Frosts Witness in Frost Trial
UPDATE: State's Attorney Charlie Smith said in an email dated Nov. 8 that his office had "handled it internally." When pressed for specifics about how it was handled, he did not respond.
Thanks for playing me. -- Oct. 26, 2016 email from Asst. State's Attorney Jason Shoemaker to witness
The prosecutor in the case of a golf pro charged with theft sent a scathing email to one of his own witnesses two days after a Frederick County jury acquitted Don Frost.
In the Oct. 26 email, obtained via a public information request by The Frederick Extra, Frederick County Assistant State’s Attorney Jason Shoemaker wrote that he was “disappointed” in Jeff Trecost, calling his testimony “defense friendly.”
Shoemaker went on to say, “Thanks for playing me. Sorry you couldn’t find it in yourself to stand up when it mattered.” The entire email is found here.
Trecost, a former golf assistant at the Clustered Spires Golf Course was one of several state witnesses to testify against Frost, and one of several whose testimony was either neutral or favorable to the defendant.
Frost’s attorney Alan Winik said Monday that he had spoken with Trecost after he appeared on the witness list. “His testimony in court was consistent with what he related to me,” Winik said. “I believe that Mr. Trecost is an honorable man who, although a reluctant witness, told the truth.”
Winik added that in his nearly 41 years as an attorney, including time in the state’s attorney’s office, he had “never known a witness to get a critical accusatory letter from the state.”
State’s Attorney Charlie Smith did not return a request for comment on the Shoemaker email by press time Monday. Trecost, now living in Louisiana, was unavailable for comment.
Frost, a 20-year golf pro and club manager at the city-owned Clustered Spires, was fired in May 2015, and charged with two counts of a theft scheme in July 2015. During the six-day trial, Judge G. Edward Dwyer Jr., who came out of retirement to preside over the case, dismissed one count of theft scheme due to insufficient evidence. Near the end of the trial, the second count, for theft between $10,000 and $100,000, was reduced to theft scheme for roughly $9,000.
The start of the trial was delayed six times, in part, according to Smith, so the state could strengthen its case. “We required additional evidence in this matter before we felt charges were appropriate,” Smith said.
He reiterated that embezzlement cases are difficult to prove, but said the state didn’t rush to convict with a lack of evidence. “We would NEVER move forward with a case if we felt their [sic] wasn’t enough evidence to convict,” Smith wrote in an email. “Accounting and financial records and practices can be difficult to explain to a jury. My understanding is that the jury believed he was taking the money. However, they had reasonable doubt about whether he put it back,” he said.
After the trial, Frost gave a statement to The Frederick Extra, expressing gratitude to family, friends and attorneys, as well as frustration and disappointment. Read the entire statement here.
I was disappointed with the States Attorney’s Office for postponing multiple trials and dragging out the legal process for over 15 months! An unjust hardship that no citizen should have to endure; mentally, physically and financially. The flipped [sic] comment made concerning my guilt and abusing the power of my position made 13 months ago by the leadership of the State was both disappointing and hurtful. Finally the enormous expense of flying in 4 people from all over the country and putting up in a hotel for 2 nights along with 30 witnesses was excessive.
The state flew witnesses in from Louisiana, Kentucky and Florida, paid for ground travel, meals and hotel accommodations at a cost of $2,371.85, according to courthouse officials.
Frost went on to blast a former part-time employee, now in his former position as general manager at Clustered Spires, Scott Peterson. In the statement, Frost hints at potential action to come.
Even more concerning are the covert actions on behalf of Mr. Scott Peterson, (the unqualified golf apprentice, who took my place) and a current Alderman. The City of Frederick’s HR Department, DPW Department, Legal Department and higher up have many very serious questions to answer and be accountable for!!
One of the state’s key witnesses, Peterson, told the court that he had witnessed the delivery of golf grips, but no invoices in evidence proved that any grips were delivered during his time at Clustered Spires.
Peterson also testified under questioning from Shoemaker that he worked full time hours, but his time cards conflicted with his testimony, showing that he worked less than half those hours.
The trial concluded on Oct. 24 with the jury deliberating for roughly two hours before returning the not guilty verdict. Leaving the courtroom, Shoemaker refused to answer any questions about the trial. “No comment, no comment,” he said, walking away.
Check back for more news and updates on the Frost Trial in The Frederick Extra!
